Case Law Analysis
|Gauhati High Court
Section 97 Railways Act | Railways Liable for Wet Damage to Perishable Goods Despite 'Owner’s Risk' Booking if Negligence Proven : Gauhati HC
Gauhati High Court rules that railways cannot escape liability for wet damage to perishable goods booked under 'owner’s risk' if negligence-such as leaky wagons, delayed transit, or failure to act on perishability warnings-is established. The judgment reinforces that Section 97 of the Railways Act imposes a duty of care even under risk-shifted contracts, impacting consignors of perishable cargo.